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Dec 9, 2019 20:31
4 yrs ago
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French term

comporter (patentese)

French to English Tech/Engineering Patents
I recently had a bit of a grumble from a client, with a patent to do with engines, of which I've done many over the years, due to the fact that I had not systematically translated "comporter" and "comprendre" by "comprise" in English.

I'm well aware that "comprise" is extremely commonly used, good patentese in English. My basic dictionaries and most online dictionaries translate both "comporter" and "comprendre" by "comprise" (as one of their meanings). But this supposed equivalence has always bugged me.

I maintain that both "comporter" and "comprendre" are more inclusive than "comprise". If something "comprises" something it consists of that and nothing else. If something "comporte X" or "comprend X", it seems clear that it is perfectly possible that it may also "comporte Y" or "comprend Y". If a French patent author wanted to be as exclusive as the word "comprise" requires they would have to use "consister en" or "être composé de". In my view.

The Cambridge Dictionary, hopefully a respectable online authority, gives a few definitions of "comprise": https://dictionary.cambridge.org/dictionary/english/comprise .

There, example 1, "The Pacific Rim comprises countries bordering the Pacific, including the US, Canada, Japan, China, and the Koreas.", tends to illustrate my point: it consists of countries satisfying that condition... and no others.

But the definition for example 2 appears to go against what I'm saying: "to have as parts or members, or to be those parts or members". In reality, though, the two examples there don't contradict my hypothesis.

Does this matter? Should I just keep my head down and use "comprise" all the time because that makes it more patentesey (and keeps the clients happy)? Should I just disregard the fact that authors of patents in French and English appear to be writing patents with differing degrees of inclusivity... and the fact that 99% of bilingual English-French patents found online show no sign of either awareness of or concern for this point?

And yet if anything is meant to be accurate in its use of language it's patents...

I'd be particularly interested if someone wishes to argue against my view on these two verbs "comporter" and "comprendre".
Proposed translations (English)
4 +1 Include

Discussion

Mpoma (asker) Dec 10, 2019:
I seem to have this wrong Spurred on by Tony M's assertion "often (but not always)" I did some more searching. I found this article https://www.dailywritingtips.com/i-just-got-wise-to-“compris... which is actually on a different treacherous aspect of "comprise"... but two of the comments there are by patent lawyers (it's US usage but I presume - until otherwise enlightened - that UK/international English works the same way). Both these people are categorical: "An apparatus COMPRISING X, Y and Z means an apparatus having at least X, Y, and Z. Something having X, Y, Z, and K is within the scope." So there you go. I do question whether EN patentese necessarily aligns perfectly with everyday English in that regard, but from now on I'll feel less dodgy using "comprise" in patents.

Proposed translations

+1
49 mins

Include

I often translate "comporter" as "include". In many cases French patents will use both seemingly interchangeably, and I find that "include" works better for comporter. Having said that, if your client prefers "comprise" for both "comprendre" and "comporter" there isn't really any need to question that, unless the context is clearly indicating that "comprise" is incorrect, in which case I'm sure even your client would agree with you.
Note from asker:
Great! I'm glad someone else has thought along the same lines...
Peer comment(s):

agree Tony M : I do the same — though I think we do not need to be too slavish about the fact that 'comprise' in EN often (but not always) has the sense of 'consists [entirely] of...'
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